Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 150

Declaration of Austin Tarango in Support of Reply in Support of #101 MOTION TO DISQUALIFY BRIDGES & MAVRAKAKIS, LLP filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Maroulis, Victoria) (Filed on 8/8/2011) Modified on 8/10/2011 counsel failed to link entry to related document (dhm, COURT STAFF).

EXHIBIT C

Rule 1.2 Scope Of Representation And Allocation Of Authority Between Client And Lawyer
(Commission’s Proposed Rule – Clean Version)

(a)

Subject to paragraphs (c) and (d), a lawyer shall abide by a client's
decisions concerning the objectives of representation and, as required
by Rule 1.4, shall consult with the client as to the means by which they
are to be pursued. A lawyer may take such action on behalf of the
client as is impliedly authorized to carry out the representation. A
lawyer shall abide by a client's decision whether to settle a matter.
Except as otherwise provided by law in a criminal case, the lawyer
shall abide by the client's decision, after consultation with the lawyer,
as to a plea to be entered, whether to waive jury trial and whether the
client will testify.

(b)

(1)

[1]

Paragraph (a) confers upon the client the ultimate authority to
determine the purposes to be served by legal representation, within the
limits imposed by law and the lawyer's professional obligations. See
e.g. Penal Code section 1018. A lawyer is not authorized merely by
virtue of the lawyer's retention by a client, to impair the client's
substantial rights or the client's claim itself. Blanton v. Womancare, Inc.
(1985) 38 Cal.3d 396, 404 [212 Cal.Rptr. 151, 156].) Accordingly, the
decisions specified in paragraph (a), such as whether to settle a civil
matter or waive a jury trial in a civil matter, must also be made by the
client. See Rule 1.4(c) for the lawyer's duty to communicate with the
client about such decisions. With respect to the means by which the
client's objectives are to be pursued, the lawyer shall consult with the
client as required by Rule 1.4(a)(2) and may take such action as is
impliedly authorized to carry out the representation, provided the
lawyer does not violate Rule 1.6 or Business and Professions Code
section 6068(e).

[2]

On occasion, however, a lawyer and a client may disagree about the
means to be used to accomplish the client's objectives. Clients
normally defer to the special knowledge and skill of their lawyer with
respect to the means to be used to accomplish their objectives,
particularly with respect to technical, legal and tactical matters.
Conversely, lawyers usually defer to the client regarding such
questions as the expense to be incurred and concern for third persons

A lawyer may limit the scope of the representation if the limitation is
reasonable under the circumstances and the client gives informed
consent.

(d)

Allocation of Authority between Client and Lawyer

A lawyer's representation of a client, including representation by
appointment, does not constitute an endorsement of the client's
political, economic, social or moral views or activities.

(c)

Comment

(2)

A lawyer shall not counsel a client to engage, or assist a client
in conduct that the lawyer knows is criminal, fraudulent, or a
violation of any law, rule, or ruling of a tribunal.
Notwithstanding paragraph (d)(1), a lawyer may discuss the
legal consequences of any proposed course of conduct with a
client and may counsel or assist a client to make a good faith
effort to determine the validity, scope, meaning or application of
a law, rule, or ruling of a tribunal.

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who might be adversely affected. Because of the varied nature of the
matters about which a lawyer and client might disagree and because
the actions in question may implicate the interests of a tribunal or other
persons, this Rule does not prescribe how such disagreements are to
be resolved. Other law, however, may be applicable and should be
consulted by the lawyer. The lawyer should also consult with the client
and seek a mutually acceptable resolution of the disagreement. If
such efforts are unavailing and the lawyer has a fundamental
disagreement with the client, the lawyer may withdraw from the
representation. See Rule 1.16(b). Conversely, the client may resolve
the disagreement by discharging the lawyer. See Rule 1.16(a)(3).
[3]

[7]

Although this Rule affords the lawyer and client substantial latitude to
limit the representation, the limitation must be reasonable under the
circumstances. If, for example, a client's objective is limited to
securing general information about the law the client needs in order to
handle a common and typically uncomplicated legal problem, the
lawyer and client may agree that the lawyer's services will be limited to
a brief telephone consultation. Such a limitation, however, would not
be reasonable if the time allotted was not sufficient to yield advice
upon which the client could rely. Although an agreement for a limited
representation does not exempt a lawyer from the duty to provide
competent representation, the limitation is a factor to be considered
when determining the legal knowledge, skill, thoroughness and
preparation reasonably necessary for the representation. See Rule 1.1.
Even where the scope of representation is expressly limited, the lawyer
may still have a duty to alert the client to reasonably apparent legal
problems outside the scope of representation.

[8]

All agreements concerning a lawyer's representation of a client must
accord with the Rules of Professional Conduct and other law. See,
e.g., Rules 1.1, 1.8 and 5.6. See also California Rules of Court 3.353.37 (limited scope rules applicable in civil matters generally), and
5.70-5.71 (limited scope rules applicable in family law matters).

At the outset of, or during a representation, the client may authorize
the lawyer to take specific action on the client's behalf without further
consultation. Absent a material change in circumstances and subject
to Rule 1.4, a lawyer may rely on such an advance authorization. The
client may, however, revoke such authority at any time.

[4]

services are made available to the client. When a lawyer has been
retained by an insurer to represent an insured, for example, the
representation may be limited to matters related to the insurance
coverage. A limited representation may be appropriate because the
client has limited objectives for the representation. In addition, the
terms upon which representation is undertaken may exclude specific
means that might otherwise be used to accomplish the client's
objectives. Such limitations may exclude actions that the client thinks
are too costly or that the lawyer regards as imprudent.

In a case in which the client appears to be suffering diminished
capacity, the lawyer's duty to abide by the client's decisions is to be
guided by reference to Rule 1.14.

Independence from Client's Views or Activities
[5]

Legal representation should not be denied to people who are unable to
afford legal services, or whose cause is controversial or the subject of
popular disapproval. By the same token, representing a client does
not constitute approval of the client's views or activities.

Agreements Limiting Scope of Representation
[6]

The scope of services to be provided by a lawyer may be limited by
agreement with the client or by the terms under which the lawyer's

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Criminal, Fraudulent and Prohibited Transactions
[9]

Paragraph (d) prohibits a lawyer from knowingly counseling or
assisting a client to commit a crime or fraud or to violate any rule, law,
or ruling of a tribunal. However, this Rule does not prohibit a lawyer
from giving a good faith opinion about the foreseeable consequences
of a client's proposed conduct. Nor does the fact that a client uses
advice in a course of action that is criminal or fraudulent of itself make
a lawyer a party to the course of action. There is a critical distinction
between presenting an analysis of legal aspects of questionable
conduct and recommending the means by which a crime or fraud might
be committed with impunity.

[10]

The prohibition in paragraph (d)(1) applies whether or not the client's
conduct has already begun and is continuing. For example, a lawyer
may not draft or deliver documents that the lawyer knows are
fraudulent; nor may the lawyer counsel how the wrongdoing might be
concealed. The lawyer may not continue assisting a client in conduct
that the lawyer originally believed was legally proper but later discovers
is criminal, fraudulent, or the violation of any rule, law, or ruling of a
tribunal. In any event, the lawyer shall not violate his or her duty of
protecting all confidential information as provided in Rule 1.6 and
Business and Professions Code section 6068(e). When a lawyer has
been retained with respect to client conduct described in paragraph
(d)(1), the lawyer shall limit his or her actions to those that appear to
the lawyer to be in the best lawful interest of the client, including
counseling the client about possible corrective or remedial action. In
some cases, the lawyer's response is limited to the lawyer's right and,
where appropriate, duty to resign or withdraw in accordance with Rule
1.16.

[11]

Paragraph (d)(2) authorizes a lawyer to counsel or assist a client to
make a good faith effort to determine the validity, scope, meaning or

application of a law, rule or ruling of a tribunal. Determining the
validity, scope, meaning or application of a law, rule, or ruling of a
tribunal in good faith may require a course of action involving
disobedience of the law, rule, or ruling of a tribunal, or of the meaning
placed upon it by governmental authorities. Paragraph (d)(2) also
authorizes a lawyer to advise a client on the consequences of violating
a law, rule, or ruling of a tribunal the client does not contend is
unenforceable or unjust in itself, as a means of protesting a law or
policy the client finds objectionable. For example, a lawyer may
properly advise a client about the consequences of blocking the
entrance to a public building as a means of protesting a law or policy
the client believes to be unjust.

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[12]

If a lawyer comes to know or reasonably should know that a client
expects assistance not permitted by these Rules or other law or if the
lawyer intends to act contrary to the client's instructions, the lawyer
must consult with the client regarding the limitations on the lawyer's
conduct. See Rule 1.4(a)(6).